To quality for an H1B visa the applicant must fulfill certain criteria. First, they must have either a bachelor’s or master’s degree. If they do not have the applicable education, they can substitute 12 years of work experience. An immigration officer reviewing your file may also accept a combination of the two – a two-year diploma and at least six years of work experience, or a non-US undergraduate degree and three years work experience
For an H1B visa the applicant must also have a company to sponsor the H1B work visa. The job offered from the company must be at a certain skill level, and the person must have a relevant degree, training, or state license if required to complete the job.
The H1B Visa Cap
The H1B visa is well known because the United States government has issued a visa cap for the number visas they will approve. There is currently a cap of 65,000 visas to be approved for each fiscal year. However, this cap does not apply to foreign professors or those working at universities or research facilities.
However, numerous exceptions to the cap exist. Anyone with a US Master’s or Ph.D degree are usually exempt from the cap, and up to 20,000 visas spots have been reserved for those who qualify.
Even with the cap, at least 100,000 H1B visas are approved annually.
The Application Process
On October 1st of the upcoming year in which they would like to hire the worker, the employer must complete and submit the H1B petition using the I-129 form. This will include submitting the supplement forms such as the H Classification Supplement, or the Filing Fee Exemption Supplement. The USCIS will need all supporting documentation, and the correct fees to be submitted at the time of filing the petition. The application must be sent to the correct application center.
For the application process for an H1B visa, the employer is not required to publish the job before a foreign worker is hired. However, the application process does require submission of a signed Labor Condition Application (LCA). This form is certified by the Department of Labor, and is Form ETA 9035. A copy of the LCA can be copied and submitted. A copy of the LCA must also be published at the employer’s office. The LCA states the wages and conditions for the foreign workers employment under the H1B visa.
H1B Visa Approval
If the H1B petition is approved, the applicant is initially granted three years, and it can then eventually be extended to six years. Six years is the maximum that a H1B visa holder can stay in the United States with this type of visa. The only exceptions to this rule are those who have been granted approval of I-140 application, or if an US labor certification application is filed. In each instance, a further three-year or a one-year extension is available respectively.
Getting Legal Help First
The H1B application process can be quite extensive, so it is important to consult an immigration attorney if you would like to hire a foreign worker, or if you have a sponsor for your H1B petition.
